Florida Agricultural and Mechanical University

Florida Agricultural & Mechanical University College of Law
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    884 research outputs found

    A Hypothetical Postulate for the Polemic of Extraordinary Rendition Vis-a-Vis the Paradigm of Asymmetric Warfare

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    This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy\u27s adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other side, the polemic on extraordinary rendition might not be an issue

    Mortgage Foreclosures, Mortgage Morality, and Main Street: What’s Really Happening?

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    The American economy is in the tank. Millions of citizens are without jobs, overwhelmed with credit card debt, and losing their homes. The brighter side is that as a result, America has finally embraced financial reform, and the unstable economy is stabilizing marriages. Nevertheless, the United States remains in the midst of a housing crisis, and the ending remains uncertain. There has been a media blitz about the housing crisis and Wall Street - corporate interests, but much less about the actual impact of the housing crisis on Main Street - America\u27s working class people and small business owners. This article will also provide insight into what is really happening with the mortgage crisis and to Main Street America, why it is happening, and what can be done to save Main Street

    Framing Water Policy in a Carbon Affected and Carbon Constrained Environment

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    Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation\u27s water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water for food security. The analysis suggests that water governance institutions and policies need to be retooled to better accommodate the necessary reallocation of water that will serve the nation\u27s water security needs

    The Meeting: A Transformational Train Ride Through Race in America and Apartheid in South Africa

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    New Directions in Environmental Justice

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    The inaugural Environmental Law and Justice Symposium will feature an overview of the latest international, national, regional, state and local developments in environmental justice.https://commons.law.famu.edu/cilj-lectures-pres/1003/thumbnail.jp

    Stagnant Magnet Schools--An Un-Compelling Use of Race-Conscious Policy

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    The Journey Toward Excellence in Clinical Legal Education: Developing, Utilizing and Evaluating Methodologies for Determining and Assessing the Effectiveness of Student Learning Outcomes

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    This Article proposes pedagogy and methodology for the assessment of student learning outcomes in a Model Clinic Program, intended to accomplish the clinic\u27s goal of preparing students for the practice of law. The Clinic Model emphasizes apprenticeship methodology and assessment pedagogy to ensure that students are learning and developing the legal skill sets that they are expected to learn. In this Article, the Author will depict the Clinic Model in the present tense to illustrate a working, not just a theoretical, model

    The Pedagogy of Yes We Can : Teaching Reformative Legal Justice in the Age of Obama

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    These brief comments, delivered as part of the 5th Annual Fred Gray Sr. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009, do not challenge whether law schools and the profession sufficiently make the case for public service and commitment to societal good; admittedly most existing standards and curricula do. Rather, these comments address the opportunity for legal education to tap, and expand on, a heightened psychological and emotional commitment that might be engendered in law students following the election of Barack Obama as President of the United States

    Correcting Mismatched Authorities: Erecting a New Water Federalism

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    Conflicts over water allocation have, become a national topic, rather than a regional one confined to the West. Increased water use and projections for further increased demand are combining with the decline of stationarity to underscore the importance of having sound water management policies and a coherent plan for water allocation at the ready and capable of implementation. Historically, and in an earlier era of water federalism, the state police power was acknowledged as the proper locus for making water law and policy. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in most basins passed into the federal government\u27s programmatic and regulatory control, creating a mismatch of supposed authority and actual power over water. The federal imperatives that may have justified that shift when the relevant laws were enacted are now half a century old and seem out of touch with the modem reality of water management. A new statute that employs a structure similar to that of the Coastal Zone Management Act of 1972 will put the states back in control of the water and concurrently use federal authority in \u27a role for which it is well suited, putting the states under pressure to make genuine concessions to one another in the management of shared basins and playing referee if they do not treat one another fairly

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